Deancliff Developments Pty Limited v Hornsby Shire Council & Ors [2004] NSWLEC 769

Land and Environment Court of New South Wales

CITATION : Deancliff Developments Pty Limited v Hornsby Shire Council & Ors [2004] NSWLEC 769 APPLICANT Deancliff Developments Pty Limited FIRST RESPONDENT PARTIES : Hornsby Shire Council SECOND RESPONDENT May Harlow Pty Ltd THIRD RESPONDENT Felix Fei Chui FILE NUMBER(S) : 10184 of 2004 CORAM: Pain J KEY ISSUES: Practice and Procedure :- application for joinder as party LEGISLATION CITED: Land and Environment Court Act 1979 s38(2), s39A State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development CASES CITED: Pro-Vision Developments Pty Limited v Ku-Ring-Gai Municipal Council [2003] NSWLEC 226 DATES OF HEARING: 13/05/2004 EX TEMPORE 05/14/2004 JUDGMENT DATE :

APPLICANT Ms H P Irish instructed by Colin Biggers & Paisley

LEGAL REPRESENTATIVES: FIRST RESPONDENT Mr I Woodward (solicitor) of Hornsby Shire Council SECOND AND THIRD RESPONDENTS Mr B J Preston SC (barrister) instructed by Adam Darke & Co

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

14 May 2004

10184 of 2004 Deancliff Developments Pty Limited v Hornsby Shire Council, May Harlow Pty Ltd and Felix Fei Chui

EX TEMPORE JUDGMENT 1 Her Honour: I heard argument yesterday in relation to whether the company May Harlow Pty Ltd and an individual Felix Fei Chui should be joined as parties under section 39A of the Land and Environment Court Act 1979 ("the Court Act") which states: On an appeal under section 97 or 98 of the Court Act, the Court may, at any time, on the application of a person or of its own motion, order the joinder of a person as a party to the appeal if the Court is of the opinion: (a) that the person is able to raise an issue that should be considered in relation to the appeal but would not be likely to be sufficiently addressed if the person were not joined as a party, or (b) that: (i) it is in the interests of justice, or (ii) it is in the public interest, that the person be joined as a party to the appeal. 2 The Notice of Motion filed by the applicants on the motion, whom I will call the "objectors", states the basis for the application was the loss of property values of the objectors. At the hearing Mr Preston expanded the basis of the application to matters more pertinent to this Court.